'Can Family Courts Hear Cases Filed Under DV Act?' Bombay HC Posts Matter Before Appropriate Bench

The conflicting views of two different single judge benches over the jurisdiction of cases related to the Domestic Violence (DV) Act has prompted the Bombay High Court to post the matter before an appropriate bench for arriving at a common ground.

Domestic violence

The vexed issue poses two fundamental questions: Whether family courts established under the Family Courts Act, 1984, are competent to conduct the proceedings and give the relief under the DV Act, and can the proceedings under the DV Act be transferred to a family court?

DV Act

As per the norm, a domestic violence complaint ought to be registered before a local magistrate, who then decides on granting relief, including maintenance as per the DV Act. Whereas a family court adjudicates disputes between couples, including divorces and even grant of maintenance under the Code of Criminal Procedure and various personal laws.

Recently, Justice Sarang Kotwal directed the high court registry to place before an appropriate bench a batch of petitions to decide on this common legal issue – whether family courts are competent to hear domestic violence cases. The judge noted that this question arose in several petitions pending before him and that there are conflicting decisions of various single judges on the issue.

A co-ordinate bench of Justice Kamal Khata recently heard a similar plea and has reserved it for orders, he added. “To avoid a possibility of conflicting orders, it would be appropriate if all these matters concerning the common issue are decided by one bench and, therefore, it is necessary that an administrative order is passed so that all these matters can be decided by one bench,” the court averred.

In December 2022, a single bench of Justice PD Naik opined that the proceedings under the DV Act cannot be transferred to a family court. Earlier, orders were passed where the HC has allowed transfer of such cases to a family court. However, a set of lawyers objected to such a transfer saying that the DV Act specifically mentions that the complaint be filed before a magistrate.